Petition underway to overturn Brockton City Council vote on 40R district

Marc Larocque Enterprise Staff Writer @Enterprise_Marc

Thursday

Dec 28, 2017 at 2:22 PMDec 28, 2017 at 3:49 PM

The resistance to the Thatcher Street housing project has not ceased, even after a Brockton City Council vote this week that approved a Smart Growth district, a zone allowing for high density residential housing on the property as of right.

BROCKTON – An 8-2 vote on Tuesday by the Brockton City Council approving a so-called Smart Growth Zoning district on Thatcher Street – on a third reading, for the second time – appeared to be a decisive blow against the opposition.

But no so, according to a very dedicated group of detractors, who hope to stop a proposed housing development next to Massasoit Community College.

A citizens petition was launched immediately after the vote on Tuesday, and was delivered to City Clerk Anthony Zeoli during the meeting.

The petition refers to a mechanism in Massachusetts state law, which allows citizens to gather signatures to undo decisions made by a city council or school committee.

But it’s not so easy.

“It’s a short window,” said Zeoli, confirming that he received the notice of the petition. “A good amount of signatures are going to be needed.”

The protesters will need to gather signatures from 12 percent of the voters, according to state law, which amounts to 6,057 qualified Brockton residents, based on eligibility figures from the citywide election in November.

And state law says that the petitioners must gather all those signatures within 20 days from the passage of the Smart Growth Zoning District on Thatcher Street. That means they have to gather at least 6,057 valid signatures by Jan. 15.

But the petition is getting support from Ward 5 City Councilor Anne Beauregard, who can be an industrious campaigner, hand-delivering leaflets for various events and initiatives throughout the community. Beauregard said Ward 4 councilor-elect Susan Nicastro, who couldn’t immediately be reached for comment on Thursday, is also in support of the petition. Current but now retiring Ward 4 Councilor Paul Studenski has long supported the project. Former Ward 4 councilor Viola Packard is against the proposed housing development, Beauregard said.

“In all honesty, it isn't over,” said Beauregard, confirming her support for the petition. “People have opportunities to continue fighting. We don't want the Thatcher Street project.”

The 40R zone was sought by the Sisters of Jesus Crucified convent, which has owned the property close to Massasoit Community College since the 1940s, proposing a 175 rental units including affordable housing to be built in stages on 7.9 acres of developable land inside the overlay district.

Beauregard said she’s also working with an attorney on another angle, a potential legal challenge to the Smart Growth Zoning District, which was established through the state’s 40R law, which allows for zoning districts with high density residential development as-of-right but with requirements for low-income housing.

Beauregard mentioned that there was a potential conflict of interest in the series of Brockton City Council votes approving the Smart Grown Zoning district. Beauregard said “people are questioning” whether Councilor-at-large Moises Rodrigues should have voted due to a potential conflict of interest. Rodrigues works for the Roman Catholic Archdiocese of Boston as a child protection specialist. In partnership with the convent, the Thatcher Street housing project is being led by the Planning Office for Urban Affairs, which is the nonprofit housing development arm of the Archdiocese of Boston.

Rodrigues rejected that line of argument when reached by The Enterprise on Thursday. Rodrigues said that, first of all, the vote was only to approve the 40R Smart Growth Zoning overlay district, not the project that would take place there afterward. Rodrigues also said that the land is not owned by the Archdiocese. Rodrigues said he has a “clean conscience” about the vote.

“Where’s the conflict?” Rodrigues said. “The land doesn't belong to my employer and the vote yesterday was for the redistricting. ... I didn't violate anything as far as I'm concerned.”

However, even if Rodrigues’ vote was somehow invalidated, and Nicastro was allowed to vote on the matter next year, it still would not overturn the majority that voted for the overlay district.

“To me, it's nitpicking on who's eligible to vote,” Rodrigues said. “The thing is, I think we should vote for a project based on whether it makes sense or doesn't make sense.”

If the opponents of the Thatcher Street project are somehow able to gather enough signatures as required by law to overturn the Smart Growth Zone vote, it would force City Council to either immediately reverse the ordinance establishing the overlay district, or allow a citywide referendum. State law says the city clerk must initiate a citywide referendum election if City Council does not rescind the measure within 20 days after petition signatures are certified.

“We encourage people not to accept this (City Council vote) as the final decision,” Beauregard said. “It is not. There are other steps people are empowered to take. I will help get signatures, too.”

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